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Classes of Tenure-Holders

Dr. Nand Kishor

Associate Professosr
Law
University of Lucknow
Lucknow

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Content Creator Name Dr. Nand Kishor

Stream Name Law

Subject Name Land Law

Topic Name Classes of Tenure-Holders

Course (Class) LL.B 3 year

Year/Semester 5th semester

No. of Pages 10

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Classes of Tenure-Holders
Prior to commencement of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act 1950 there were fourteen complicated and typical varieties of tenures
existing of Fixed-rate tenant, Hereditary tenants, Occupancy tenant, Non-
occupancy tenant, Grove-holder, etc. Amongst them there were not even two
having similar rights in land. Only some tenure-holders had superior right and most
of them had inferior rights.
The right of fixed-rate tenant was permanent transferable and non- ejectable
whereas non-occupancy tenants’ right was temporary and non transfereable. The
non occupancy tenant could be ejected at Zamindar's pleasure. The devolution of
tenancy was also not uniform. Succession to a fixed rate tenant was governed by
his personal law whereas in case of hereditary tenant the devolution to the holding
was governed by the provisions contained in U.P. Tenancy Act-1939.
Hence it was considered necessary to substitute the various complicated
types of existing land tenure by a simple and uniform scheme. Accordingly the
U.P. Zamindari Abolition and Land Reforms Act 1950 with abolition of
intermediaries and their castes also abolished all the old variety of land tenures and
substituted them into fours u/s-129 viz.
(i) Bhumidhar,
(ii) Sirdar,
(iii) Asami &
(iv) Adhivasi
Adhivasi was tenure inferior to sirder but superior to asami. It was a transitional
form of land tenure which was to disappear from the sphere of land laws after five
years from the commencement of the Act. But before maturity Adhivasis were
considered favorably and they were conferred the rights of sirdar by the U.P. Land
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Reforms (Amendment) Act 1954. So all adhivasis became sirdars and there
remained only three tenures in Land Law after 30 October 1954.
By the U.P. Land Reforms (amendment) Act 1958 a section 133-A was
added in U.P. Zamindari Abolition and Land Reforms Act to include another
category viz. government lessee.
According to section 133-A every person to whom land has been let out by
State Government shall be called as government lessee in respect of such land and
nothing contrary to the this Act. Government lessee shall be entitled to hold the
same according to the terms and conditions of the lease. Thus it is clear from the
provision of section 133-A of the Act that the rights and liabilities of Government
lessees shall be government by the terms and conditions of their lease and not by
the provisions of this Act.
Sirdars under UPZA and LR Act were acquire bhumidhari rights by
depositing ten times of the land revenue But with effect from16-07-1975, the U.P.
Land Laws Amendment Act, 1975 prohibited the acquisition of bhumidhari rights
of those sirdars who were admitted by the Land Management Committee.
The U.P. Land Laws (Amendment Act 1977, which can into operation with
effect from 28-01-1977, covered all sirdars into bhumidhar, Bhumidar were
divided into two classes, viz, bhumidhari with transferable rights and bhumidhar
with non-transferable rights Asamis were left untouched. Hence with effect from
28-1-1977) there are three tenure holders in the land law given below-
1- Bhumidhari with transferable right
2- Bhumidhari with non-transferable rights
3- Asami
Bhumidhar with transferable rights-
All old tenants having transferable rights in their lands were bhumidhars
under the UPZA and LR Act 1950. Such bhumidhars have been called "Bhumidhar
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with transferable rights; Bhumidhar with transferable rights is the highest type of
tenure holder. His interest is permanent heritable and transferable. Section 130 of
UpZA and LR Act (section 75 of U.P. Revenue code 2006) provides four classes
of bhumidhars viz.
(a) Every person who because bhumidhar on the abolition of Zamindari
(b) Every person who became sirdar on the abolition of Zamindari and acquired
bhumidhari rights by depositing ten times of the land revenues.
(c) Every person who was a sirdar immediately before the commencement of
U.P. Land (Amendment) Act 1977 and had a right to become bhumidhar by
depositing ten times of the land revnue.
(d) Every person who in any other manner acquires the right of "bhumidhar with
transferable rights according the provisions of this Act, the term any manner
means either by sale, gift, or event trespass (sections 152 and 210 under the
Act now sections 88 135 omitted under U.P. Revenue code 2006)
Bhumidhar with non-transferable rights
They are second main tenure holder under the present land system. His
interest in the holding is permanent and heritable, but non-transferable. Section 131
and 131-A of the U.P. Zamindari and Land Reforms Act (Sections 75 & 76 of the
U.P. Revenue code 2006) categorized following persons as bhumidhar with non
transferable rights.
(a) Every person admitted as a sirdar of any land under section 195 of U.P.ZA
and LR Act 1950 (Section 125 of U.P. Revenue code 2006. before the date
of commencement of the U.P. Land Laws (Amendment) Act. 1977)
(b) Every person who is or has been allotted any land under the provisions of
the U.P. Bhoodan yajna Act, 1952.
(c) With effect from July 1, 1981 every person with whom surplus land is or has
been settled under section 26-A or Section 27(3) the U.P. Imposition of
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ceiling on Land Holding Act, 1960 [section 131, clause added by U.P. Land
laws amendment A].
(d) Every person who in any other manner acquires the right of such a bhumidhar
under the provisions of this Act.
"In any other manner acquires the right.........:" may be explained with the
illustration of letting. Under the provisions of the Act no tenure-holder can let his
holding unless he is a disabled person enumerated under Section 157 (1). A, an
undisabled bhumidhar lets his holding to B, B shall become bhumidhar with non-
transferable rights, and the interest of A shall be extinguished. This can be more
clear by taking the example of an asami. A was an intermediary who gave his sir or
khudkashi land to B in lieu of maintenance allowance. On the abolition of
Zamindari A became bhumidhar of his land and B became asami. B may retain this
land so long as the right of maintenance allowance subsista. If B's maintenance
period ceases, A becomes entitled to take back the land. A must file a suit for
ejectment is not filed within the limitation period, B shall become a bhumidhar
with transferable rights and the interest of A will be extinguished.
The State Government further decided that the person who is holding the
land with non-transferable right of Bhumidhar such persons may have better right
and title in the land and for that purposes an amendment was introduced which was
known as Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment)
Act, 1995 and after Section 131-A, new Section 131-B has already been inserted in
the Act and by the effect of this amendment every non-transferable rights of
bhumidhar who has already completed ten years or more from the date of allotment
of land the person will obtain transferable right in the land and rest other persons
who have got the possession of land later on, shall acquire the Bhumidhari and
Transferable right after the completion of the period of ten years.
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Asami
Asami is a minor form of land tenure. It applies but to a small number of persons
who were non-occupancy tenants under the prior law. Right of an asami is
heritable, but neither it is permanent nor transferable. When a bhumidhar lets his
holding in accordance with the provisions of the Act, the lessee is called an asami.
His status is analogous to that of sub-tenant or shikmi kashtkar. There are certain
lands, enumerated under Section 132 in which bhumidhari rights cannot be
given. If such land is allotted to a person by the Land Management Committee or
other body, he shall be an asami at the sweet will and mercy of the Gram Sabha or
the land-holder. He is not holding possession on behalf of Gram Sabha or land-
holder, but he has a vestige of title to it and holders on his own behalf and can set
up his possession against the land-holder till formality prescribe by law is
undertaken by the land-holder and he is evicted by the process of Law. If he is left
at the sweet mercdy of the land-holder he can be thrown out just after he puts in all
his labour and the crop is ready for harvesting. A tenant under a lease of land used
for agricultural purpose would be entitled to a notice expiring with the end of fasli
(agricultural) year so that the may not be evicted after the crop is ready for
harvesting and may not be exposed to unfair treatment at the hands of land-holder.
The Act provides four classes of persons as asami(Section-133).
(1) Every person who, as a consequence of Zamindari abolition became an
asami.
(2) Every person who is admitted by the Land Management Committee by a
bhumidhar as a lessee of land.
(3) Every person who is admitted by the Land Management Committee or the
person entitled, as a lessee of land described in Section 132.
(4) Every person who, in any other manner, acquires the rights of an asami
under this Act or any other law.
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Illustrations of such asamis are provided under Sections 187, 187-A and 210 (2) If
a bhumidhar with non-transferable rights, being a minor, lunatic or idiot, has not
used his holding for purpose connected with agriculture, etc. for two consecutive
Fasli years, the Land Management Committee can let such holding to any person,
and such lessee will be called asami. He acquires the rights of an asami in other
manner.
Government Lessee
The "Government lessee" was introduced in Act by U.P. Land Reforms
(Amendment) Act, 1958 and after Section 133, new Section 133-A was added and
same was popularized as Government Lessee. The "Government lessee" means to
which land has been let out by the State Government Contrary to the existing laws
of the Act, such person shall be entitled to have the possession of land in
accordance to terms and conditions of the lease.
It is clarified that lessee cannot be ejected from the land according to the rules and
laws of Act except to this that lease does an act in violation of the terms and
conditions of lease.
Lands in which bhumidhari rights shall not accru.
In the following lands bhumidhari rights shall not accrue, but only the asami right
shall accrue-
1- Pasture land.
2-The bhumidari rights cannot be granted in the land covered by water and used
for the purpose of growing ‘singhara’ or other produce. The land situated in the
bed of tank, pond, and pokhari which is not covered by water, also comes within
the ambit of provisions and bhumidari rights could not accrue in it and gram sabha
cannot grant in respect of such land as bhumidari rights with non transferable
rights.
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3. Land in a bed of river and used for casual cultivation the bed of river comprises
only the land situated between the river banks. Melons, Water-melons, cucumbers
etc, are grown on bed of river, therefore bhumidari rights cannot be granted under
Section – 117 of the Act.
4. Such tracks of shifting or unstable cultivation as the Government may specify by
notification in the Gazette.
5. Land to be intended or set apart for taungya plantation.
6. Grove land of a Gram Sabha or local authority.
7. Land acquired or held for a public purpose, specially-
(i) land set apart for military encamping grounds,
(ii) lands included within Railway or canal boundaries,
(iii) lands situate within the limits or any cantonment,
(iv) lands included in sullage farms or trenching grounds belonging to a
local authority.
(v) lands acquired and held by any Nagar Mahapalika, Municipality,
Town Area Committee or Notified Area Committee for its purposes, and
(vi) lands set apart for public purposes under the U.P. Consolidation of
Holdings Act.
Now, it has already been settled by Apex Court and Hon'ble Allahabad High
Court that "land" mentioned under Section 132 for the purpose of "public utility"
despite the allotment to any person no legal right shall accrue in such land even
possession might have remained from the date of vesting. In case of Chhotey Lal
v. Addl. (Upper) Collector, Allahabad, Hon'ble High Court dismissing the writ
petition declined to grant the benefit of bhumidhari right to landless Harijan under
Section 122-B (4-F) of the Act.
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• UTTAR PRADESH LAND LAWS – Dr. R.R. Maurya

• UTTAR PRADESH REVENUE CODE 2006 – Dr. C.P. Singh
• UTTAR PRADESH REVENUE CODE 2006 DETAILED
DISCUSSION ALONG WITH REVENUE CODE RULES
2016 – Prof. R.N. Chowdhary